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HomeMy WebLinkAboutPacket Materials for 2-26-1993 Meeting MEMORANDUM TO: SUE HANKNER, RUTH WHITE, DAVE LONG, LAURIE . SCHLEP /, FROM: JULIE TRUDE, SECRETARY TO CHARTER COM �I $tUN DATE: FEBRUARY 10, 1993 RE: CHARTER COMMISSION INFORMATION The attached By-laws are a redraft by Duane McCarty of Julie's By-Laws. They will be discussed at our next meeting on February 26 along with Chapters 7, 8 and 9 of the City Charter. Minutes for the February 9, 1993 meeting will be sent under seperate cover. MEMORANDUM TO : CHARTER COMMISSION MEMBERS vr." FROM : Julie Trude , Secretary DATE : February 15 , 1993 (mailed 2/16) RE : Minutes , By-Laws 6 Agenda Enclosed you will find the Minutes of the February 9th meeting together with a re-draft of the By-Laws I proposed and had mailed out with your last meeting packet . Absent members should also have received a separate mailing enclosing Duane McCarty 's re-draft of the proposed By-Laws (version #2) . If you have not received your materials ( 1/26 Minutes & By-Laws #1 ) , please call Michelle at 784-3055 , City Hall , and she will try again . She delivered everything to the New Brighton Post Office on the Thursday before the last meeting . We may need to follow up with post office complaints . The enclosed By-Law Proposal (version #3) was not designed to keep you forever reading legalese , or to entertain you , rather , I want this to get wrapped up quickly so we can devote our meeting time to the Charter Review . This By-Law proposal incorporates many of Mr . McCarty ' s suggestions into my original draft and hopefully represents a refinement of each draft . I have taken the liberty to shorten and simplify a bit of the language so these by-laws will provide us with guidelines for our operation and not be overly restrictive . For example , the annual report may occur at the semi-annual meeting in October but I prefer to not dictate this given that last year we conducted many meetings after that time and the annual report would then be most appropriately delivered near the year ' s end . We can let the Chair & membership discuss this at the Fall meeting and set an appropriate schedule . Along the same lines , I think it is better to riot enumerate the duties of each Officer so as to also appear to limit them only to the details outlined ; how can we forsee the best way to maintain the records? Many of my friends carry everything around w/ them in a lap-top computer (maybe we could buy one of those for me to use??) For our next meeting I ' ll also have Michelle copy some materials the League of Minn . Cities provided us on the issues of Initiative , Referendum & Recall . We can pass those out to save on mailing expenses . AGENDA , 2/23/93 , 7 p . m . 1 . Discuss By-Laws 2 . Review Chapters 6 6 7 w/ Samantha Orduno 3 . Review Charter Chapters 7 , 8 6 9 / , MOUNDS VIEW CHARTER COMMISSION BY-LAWS ARTICLE I - THE COMMISSION Section 1 . Name of Commission . The name of the Commission is the "Charter Commission of Mounds View , Minnesota . " Section 2. Purpose . The purpose of the Commission is to serve as custodians of the Mounds View City Charter , reviewing and amending the Charter as needed , considering the best interests of the citizens of Mounds View. Section 3 . Office of Commission . The offices of the Commission are at Mounds View City Hall . Section 4 . Members. The Commission is composed of 15 members. Members shall serve during their term and until their successors are appointed and have qualified, subject to state law and Article III , section 8 of these by-laws. ARTICLE II - OFFICERS Section 1 . Officers . The officers of the Commission are the Chair , Vice-Chair and Secretary . Section 2 . Chair . The Chair shall call the semi-annual and regular meetings of the Commission , prepare the agenda , preside at all meetings and implement the decisions of the Commission . The Chair retains all the rights and responsibilities held as a member of the Commission including the right to vote . Before December 31 of each year , the Chair shall submit to the Commission for its approval , an annual report summarizing the activities and accomplishments of the Commission for the preceding calendar year . The annual report to the Commission may contain the Chair ' s recommendation for Commission activities for the ensuing year . Section 3 . Vice-Chair. The Vice-Chair shall perform the duties of the Chair in the absence of the Chair . If the Chair should die , resign or vacate the office of the Chair , the Vice-Chair shall perform such duties as are imposed on the Chair until the Commission elects a new Chair . Section 4 . Secretary . The Secretary shall perform the duties of a Secretary for the Commission including , maintaining the records , recording the minutes and votes at each meeting , -2- By-Laws and submitting approved minutes and relevant materials to the City Clerk-Administrator for the purpose of maintaining a permanent record for public review . On or before December 31 of each year , the Secretary shall submit to the Chief Judge of the District Court , the City Clerk-Administrator and the Commission members the Chair' s approved annual report. Section 5 . Additional Personnel . The Commission may employ or designate an assistant to the Secretary. The Commission may employ or contract for personnel , as it deems necessary , to assist in framing , amending or revising the Charter as prescribed by Minnesota Statutes , Chapter 410 . Section 6 . Compensation. The members of the Commission shall receive no compensation . Section 7. Expenses . The cost of printing the Charter or any amendments or revisions to the Charter shall be paid by the City as directed by the Commission . The amount of reasonable and necessary Commission expenses shall be paid by the City , which expenses cannot exceed $1 , 500 in any one year unless the City Council authorizes additional expenses pursuant to Minnesota Statutes , Section 410 . 06 . Section 8 . Additional Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its by-laws or rules . Section 9 . Elections. The Chair , Vice-Chair and Secretary shall be elected from among the members of the Commission at the first meeting after November lst in even-numbered years , and shall hold office for two years or until their successors are elected and qualified. The Chair shall conduct the election . Officers shall be declared elected and qualified by a simple majority vote of those present and voting . Newly elected officers shall take office at the close of the meeting in which the election is held. Section 10 . Vacancies . A vacancy in the office of Chair , Vice-Chair or Secretary , including a vacancy pursuant to Minnesota Statutes , Section 410 .05 or other provisions of state law or these by-laws , shall be filled by a special election by the Commission at its next meeting with the elected successor serving the unexpired term of office . Section 11 . Appointments . The Chair shall notify the City Clerk-Administrator at least three months prior to the expiration of any seat on the Commission , of the names of the incumbents and their expiration of office date so that the Clerk-Administrator may publicize the availability of openings on the Commission together with a summary of the application process . The Chair shall also notify members eligible for re-appointment at this time . -3- By-Laws ARTICLE III - MEETINGS Section 1 . Semi-Annual Meetings . The Commission shall meet on the second Thursdays of March and October of each year , or at such other times as may be determined by a two- thirds vote . All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes Section 471 .705) . Section 2 . Regular Meetings . When the business of the Commission cannot be appropriately handled at the semi-annual meetings or business from a special meeting is not completed and necessitates additional meetings , the Commission shall establish , by resolution , a schedule of regular meetings . All meetings shall be held in the Mounds View City Hall unless meeting notices state otherwise . Section 3 . Special Meetings . The Chair or any two members of the Commission may call a special meeting to transact any business stated in the meeting notice in accordance with state law . Notice of the special meeting shall state the time , date , place and business to be conducted at the special meeting . Notices may be delivered or mailed to the member's designated mailing address at least three days prior to the special meeting . The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all active members of the Commission are present and vote unanimously to conduct additional business . Section 4 . Quorum . The powers of the Commission shall be vested in the members thereof in office from time to time . A majority of qualified and acting members shall constitute a quorum for the purpose of conducting the Commission ' s business and exercising its powers and For all other purposes , but a smaller number of members may adjourn from time to time. Section 5 . Order of Business . The Commission shall use the following order of business at its meetings : 1 . Roll Call . 2. Approval of Minutes. 3 . Reports of the Chair . 4. Reports of Committees. 5. Unfinished Business . 6 . New Business. 7. Adjournment . All resolutions shall be recorded in the minutes of the Commission meetings. The meetings will be conducted in accordance with Robert 's Rules of Order , Revised , latest edition . -4- By-Laws Section 6. Manner of Voting. The voting on all questions coming before the Commission shall be recorded in the minutes . The votes on resolutions , unless unanimous , shall state the number of "ayes , " "nayes , " and "abstentions . " When a quorum is in attendance , action may be taken by the Commission upon a vote of the majority of the members present unless another provision of these by-laws specifically states otherwise . Section 7 . Committees. The Commission may establish and appoint committees . Each committee must designate a Chair . Section 8. Discharge of Members . Any member who has failed to perform the duties of the office to which appointed or elected and has failed to attend four consecutive meetings without being excused by the Commission shall be discharged according to the provisions of Minnesota Statutes, Section 410 .05 , Subdivision 2 . ARTICLE IV - AMENDMENTS Section 1 . Amendment Procedure . The Commission By-Laws may be amended by a resolution , made in writing , and adopted by a two-thirds majority of qualified and acting members in attendance at a properly noticed meeting of the Commission . The Secretary shall number each amendment , note the date of adoption , and have it distributed to the members and the City offices. Section 2 . Records . The Chair shall ensure that each member receives a copy of the City Charter and the Commission By-Laws . The City Charter , the Charter Commission By-Laws and the Charter Commission Minutes shall be kept on file at the City offices and made available for public review . ADOPTED : MOUNDS VIEW CHARTER COMMISSION BYLAWS ARTICLE I - THE COMMISSION Section 1. Name of Commission. The name of the Commission is the "Charter Commission of Mounds View, Minnesota". Section 2. Purpose. The purpose of the Commission is to serve as custodians of the Mounds View City Charter in accordance with applicable state laws, these bylaws and rules of the Charter Commission. NOTE: The emphasis here is on the custodial or "caretaker" role of the Commission's purpose. This is to avoid anv misunderstanding that "review and amendment", or determining "the best interests of the citizens of Mounds View", is the priority responsibility taken by the Charter Commission rather than preserving existing directives of the electorate. Section 3. Office of Commission. The offices of the Commission are at Mounds View City Hall for purposes of sending or receiving official Commission communications. NOTE: Except for "housekeeping purposes" the Charter Commission should maintain a respectful "arms length" stance with the city council: disallowing any appearances of undue political influences on Commission works. Commission meetings at city hall are noticed in Article III Sec.2. THE CHARTER COMMISSION ISA SEPARATELY AUTHORIZED GOVERNMENT ENTITY UNDER STATE LAW FOR THE PRIMARY PURPOSE OF PRESERVING THE INTEGRITY OF THE CHARTER AS ADOPTED OR AMENDED BY THE RESIDENTS. Section 4. Members. The Commission is composed of 15 members. Members shall serve during their term and until their successors are appointed and have qualified, subject to state law and Article III, Section 8 of these bylaws. ARTICLE II - OFFICERS Section 1. Officers. The officers of the Commission are the Chair, Vice-Chair, and Secretary. Section 2. Chair. The Chair shall call and ensure public notice of the semi- annual and regular meetings of the Commission, present an agenda for approval by the Commissioners present, preside at all meetings, and implement decisions of the Commission as directed by the Commission. The Chair shall be a voting member of the Commission with all the rights and responsibilities of a charter Commissioner as set forth in state laws and these bylaws. Each year at the October meeting, the Chair shall submit an annual report for the Commission's approval summarizing activities and accomplishments for the preceding calendar year. The annual report to the Commission may contain the Chair's recommendation for Commission activities for the ensuing year. NOTE: This section sets forth the duties of the chair as presiding officer at meetings but substantially reserves decision making authority to the Commission as a body in the adoption and implementation of Commission works. Reasonable. albeit limited. enumeration of duties for the Officers can be helpful in avoiding innocent "assumption" of unintended authority. This also affords potential officers the courtesy of certain notice on what is expected of them before taking on relevant responsibilities. The suggested October presentation of a draft annual report, allows sufficient time for Commissioners to substantially contribute to. or review, the report before the Dec. 31 due date. Section 3. Vice-Chair. The Vice-Chair shall perform the duties of the Chair during the Chair's temporary absence, and shall perform such duties during any vacancy of that office, until the Commission elects a new Chair. NOTE: Specifics regarding absence from office eg. excused or vacated, are set forth in Section 10 of this Article and state law. Repetition here is unnecessarily redundant . Section 4. Secretary. The secretary is the recording officer of the Commission and the custodian of its records except such as are specifically assigned to others. In addition to keeping the records of the Commission and the minutes of Commission meetings, it is the duty of the secretary to keep a register, or roll, of the members and to call the roll when required. The secretary shall record minutes of the proceedings of the Commission, stating what was done and not what was said, unless it is to be published, including motions of the Commission and the vote results thereof. The Secretary shall also keep one book in which the Bylaws and standing rules should all be written, leaving every other page blank; and whenever an amendment is made to the Bylaws or Rules, in addition to being recorded in the minutes it should be immediately entered on the page opposite to the article amended, with a reference, in red ink, to the date and page of the minutes where it is recorded. The secretary shall submit approved minutes and relevant materials to the City Clerk Administrator for the purpose of maintaining a permanent record for public review. On or before December 31 of each year, the Secretary shall submit the annual report approved under section 2 above to the Chief Judge of the District Court, outlining the activities and accomplishments of the Commission for the preceding calendar year. The Secretary shall forward a copy of the report to the members of the Commission and to the City Clerk-Administrator. The Commission may designate by majority voice vote an Assistant Secretary from the Charter Commission membership whose duties shall be to assist the Secretary, and to perform the duties of Secretary in the event of the absence or vacation of office by the Secretary until such time as the Commission elects a new Secretary. NOTE: The Secretary holds some of the most critical responsibilities in a deliberative body. Accordingly. Roberts Rules of order lists detailed duties for the secretary in recognition of that importance. Policies for accurate reporting and dissemination of Commission work. plus important document preservation, are set forth by this office. Therefore it is essential that we thoroughly understand and agree on the parameters of those duties, to ensure the best methods possible in public disclosure and historical preservation of Charter Commission activities. Draft By-Laws Page 2 • Section 5. Compensation; Expenses. The members of the Commission shall receive no compensation, but the Commission may employ an attorney and other personnel to assist in amending or revising the city charter, and the reasonable compensaTfion and the cost of printing such charter, when directed by the Commission shall be paid by the city. The amount of reasonable and necessary Commission expenses shall be paid by the City, which expenses cannot exceed $1,500 in any one year unless the City Council authorizes additional expenses pursuant to Minnesota Statutes, Section 410.06 as amended. NOTE: Compensation and Expenses have been combined (as in state law MSA 410.06) to reflect a comprehensive understanding of specific allowances regarding Commission authority to expend public funds. Section 6. Additional Duties. The officers of the Commission shall perform such other duties and functions as may from time to time be required by the Commission or its bylaws or rules. Section 7. Elections. The Chair, Vice-Chair, and Secretary shall be elected from among the members of the Commission at the first meeting after November 1St in even numbered years, and shall hold office for two years or until their successors are elected and qualified. For purposes of electing officers of the Commission there shall be a Chair pro-tem elected from the membership present by nominations from the floor and a simple majority voice vote. The Chair Pro-Tern shall conduct the elections of officers. Officers shall be declared elected and qualified by a simple majority vote of those present and voting. Newly elected officers shall take office at the close of the meeting in which the election is held. NOTE: Allowing the incumbent chair or other officer to convene or conduct elections is omitted here to avoid appearances of unfair or partial elections. That is the reason why candidates aren't allowed to act as election judges in seeking other public elected office. Section 8. Rotation in Office. No officer shall be eligible to hold more than two consecutive terms in the same office. In filling vacancies for unexpired terms, an officer who has served more than half of a term is considered to have served a full term in that office. NOTE: This requirement is taken from Roberts Rules of Order Newly Revised 1990 9th Edition pp. 568-569 citing reasonable rotation in office as a desirable method to ensure optimum participation by the membership. Two terms in rotation will ordinarily cover a four year appointment period, Section 9. Vacancies. A vacancy in the office of Chair, Vice-Chair, or Secretary , including a vacancy pursuant to Minnesota Statutes, Section 410.05 or other provisions of state law, or the rules or bylaws of the Commission, shall be filled by a special election at the meeting following a determination of vacancy with the elected successor serving the unexpired term of office. Section 10. Appointments. The Chair shall notify the City Clerk-Administrator at least three months prior to the expiration of any seat on the Commission, of the names of the incumbents and their expiration of office date, so that the Clerk-Administrator may publicize Draft By-Laws Page 3 the availability of openings on the Commission together with a summary of the application process. The Chair shall also notify members eligible for re-appointment at this time. ARTICLE III - MEETINGS Section 1. Semi-Annual Meetings. The Commission shall meet on the second Thursdays of March and October of each year, or at such other times as may be determined by a two-thirds vote. All meetings shall comply with the Minnesota Open Meeting Law (Minnesota Statutes Section 471.705). Section 2. Regular Meetings. When the business of the Commission cannot be appropriately handled at the semi-annual meetings, or business from a special meeting is not completed and requires additional meetings, the Commission shall establish, by resolution, a schedule of regular meetings. All meetings shall be held in the Mounds View City Hall unless meeting notices state otherwise. Section 3. Special Meetings. The Chair or any two members of the Commission may call a special meeting to transact any business stated in the meeting notice in accordance with state law. Notice of the special meeting shall state the time, date, place, and business to be conducted at the special meeting. The meeting shall be posted by the convening member(s) according to the Minnesota Open Meeting Law. Notices may be delivered or mailed to the member's designated mailing address at least three days prior to the special meeting. The business to be considered at special meetings shall be limited to that stated in the meeting notice unless all members of the Commission are present and vote unanimously to conduct additional business. If there is less than two-thirds of the membership present, any action taken at a meeting called under this section must be ratified by a simple majority vote of the full membership. NOTE: Ratification by the full membership. of actions taken at a special meeting called by one or two members of the Commission will help ensure serious treatment of this power. Long experience has proven extremely limited. if not non-existent. need for emergency actions in the Charter Commission's mission. Special or unscheduled meetings should be appropriately restrained to preserve the highest degree possible of public notice and participation. Section 4. Quorum. The powers of the Commission shall be vested in the members thereof in office from time to time. A majority of qualified and acting members shall constitute a quorum for the purpose of conducting the Commission's business and exercising its' powers and for all other purposes, but a smaller number of members may adjourn from time to time. Draft By-Laws Page 4 Section 5. Order of Business. The Commission shall use the following order of business at its meetings: 1. Roll call. 2. Approval of Minutes. 3. Reports of the Chair. 4. Reports of Committees. 5. Unfinished Business. 6. New Business. 7. Adjournment. All resolutions shall be recorded in the minutes of the Commission meetings. The meetings will be conducted in accordance with Robert's Rules of Order, Revised latest edition. Section 6. Manner of Voting. The voting on all questions coming before the Commission shall be recorded in the minutes. The votes on resolutions, unless unanimous, shall state the number of "ayes", "nays", and "abstentions". When a quorum is in attendance, action may be taken by the Commission upon a vote of the majority of the members present unless another provision of these bylaws specifically states otherwise. Section 7. Committees. The Commission may establish and appoint committees. Each committee must designate a Chair. Section 8. Discharge of Members. Any member who has failed to perform the duties of the office to which appointed or elected and has failed to attend four consecutive meetings without being excused by the Commission shall be discharged according to provisions of Minnesota Statutes, Section 410.05, Subdivision 2. ARTICLE IV - AMENDMENTS Section 1. Amendment Procedure. These bylaws may be amended at any regular meeting of the Commission by a two-thirds (10) of the total membership affirmative vote, provided that the amendment has been submitted in writing at the previous regular meeting. The Secretary shall number each amendment, note the date of adoption, and have it distributed to the members and the city offices. NOTE: The revision of the first sentence in this section is taken from Roberts Rules composition of bylaws pg. 581. Section 2. Records. Each member of the Commission shall receive a copy of the current Commission Bylaws together with a copy of the Charter. When the Bylaws or rules are amended the Commission shall direct the Secretary to record such amendments in accordance with the duties of the office of Secretary and these Bylaws. Amendments to the Bylaws or Rules of the Commission shall be kept on file at the City offices. ADOPTED: Secretary: Draft By-Laws Page 5